Wilson v Brisbane City Council

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Wilson v Brisbane City Council [2020] QCAT 407

PARTIES:

NATHAN WILSON

(applicant)

v

BRISBANE CITY COUNCIL

(respondent)

APPLICATION NO/S:

GAR043-20

MATTER TYPE:

General administrative review matters

DELIVERED ON:

14 October 2020

HEARING DATE:

7 October 2020

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

ORDERS:

The Menacing Dog Declaration made in respect of the dog ‘Bob’ on 8 October 2019 is confirmed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where a dog attacked another dog – where the respondent Council made a declaration that the dog was a menacing dog – where the owner sought a review in the Tribunal – where the attack was recorded on CCTV – where the legislation required a declaration that the dog was a menacing dog

Animal Management (Cats and Dogs) Act 2008 (Qld),
s 59, s 89, s 94

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 19, s 20

Lee v Brisbane City Council (No2) [2012] QCATA 64

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
Respondent:	J Thong, Solicitor, City Legal instructed by M Spencer, City Legal.

REASONS FOR DECISION

1. The applicant Mr Wilson is the owner of Bob, an American Staffordshire Terrier. Mr Wilson has sought an external review in this Tribunal of a decision of the respondent Brisbane City Council made on 6 February 2020 confirming the Council’s original decision of 8 October 2019 that Bob be declared a menacing dog.[1]

   [1]Section 188 Animal Management (Cats and Dogs) Act 2008 (Qld).

2. The purpose of the review in the Tribunal is to produce the correct and preferable decision by way of a fresh hearing on the merits. The Tribunal has all the functions of the decision-maker for the reviewable decision being reviewed.[2]

   [2]Sections 19 and 20 Queensland Civil and Administrative Tribunal Act 2009 (Qld).

3. The background to this matter is:

   (a)On 15 August 2019 Ms Maria Somoray complained to the Council that around 5pm on 14 August 2019, whilst she and her son Karl were walking JayJay, their King Charles Cavalier dog, Bob ran from Mr Wilson’s home in Thompson Street, Zillmere and attacked JayJay. Karl was bitten on the hand during the affray. Neither Karl nor JayJay sustained serious injury, although JayJay had some bruising to the neck.

   (b)The incident was captured on CCTV. That video forms part of the evidence in the matter.

   (c)The incident was investigated by the respondent’s officers and a proposed Declaration Notice – Menacing Dog was forwarded to Mr Wilson.

   (d)Mr Wilson responded denying that Bob had acted in a menacing way.

   (e)The respondent issued a Notice of Regulated Dog Declaration – Menacing Dog effective 29 October 2019.

   (f)A review was sought by Mr Wilson who made submissions to the respondent.

   (g)On 6 February 2020, Mr Millard, Acting Business Manager, Safety, Amenity and Litter Team conducted an internal review of the original decision and found the decision was lawful and correct. He was satisfied on the balance of probabilities that Bob attacked JayJay in an…